Motorola Inc. v. Command Audio Corporation

Filing 26

ORDER APPROVING STIPULATION TO CHANGE TIME FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS. Pursuant to the parties' stipulation, plaintiff's response to the motion to dismiss shall be filed no later than March 8, 2009. Further, the hearing on the motion to dismiss is continued from March 20, 2009 to April 3, 2009. Signed by Judge Maxine M. Chesney on February 27, 2009. (mmclc1, COURT STAFF) (Filed on 2/27/2009)

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2000 University Avenue East Palo Alto, CA 94303-2215

WAYNE M. HARDING (TX SBN: 08978500) Email: [e-mail] BRIAN K. ERICKSON (pro hac vice) (TX SBN: 24012594) Email: [e-mail] DLA PIPER LLP (US) 1221 South MoPac Expressway, Suite 400 Austin, Texas 78746-7650 Telephone: [phone] Facsimile: [phone] ROBERT BUERGI (CA SBN: 242910) Email: [e-mail] DLA PIPER LLP (US) 2000 University Ave. East Palo Alto, CA 94303-2215 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MOTOROLA, INC. IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Motorola, Inc., Plaintiff, vs. Command Audio Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 08-CV-03492 MMC STIPULATION AND ORDER TO CHANGE TIME FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS (DKT. NO. 22)

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DLA PIPER LLP (US)

Pursuant to Civil Local Rule 6-2, Motorola, Inc. ("Motorola") and Command Audio Corporation ("Command Audio") (by their counsel) make this stipulated request for an order changing the time for Motorola's response to Command Audio's Motion to Dismiss (Dkt. No. 22) from February 27, 2009 to March 8, 2009. Whereas, Command Audio's Motion to Dismiss is set for hearing on March 20, 2009 and Motorola's Response thereto currently is due February 27, 2009; Whereas, the parties are close to a settlement and are working to draft and execute a settlement agreement while simultaneously working on their initial disclosures and Joint Case 1
Stipulation and Order to Change Time for Plaintiff's Response to Defendant's Motion to Dismiss ­ 08-CV-03492 MMC

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2000 University Avenue East Palo Alto, CA 94303-2215

Management Report, currently due February 27, 2009; Whereas, the court has not provided any previous extensions of time with respect to the Motion to Dismiss; and Whereas, the stipulated extension will not affect the hearing on the motion or any other aspect of the schedule in this case; The parties request that Motorola's response to Command Audio's Motion to Dismiss be changed from February 28, 2009 to March 8, 2009.

Dated: February 26, 2009

Respectfully submitted, DLA PIPER LLP (US) By: /s/ Brian Erickson Brian Erickson Attorneys for Plaintiff MOTOROLA, INC.

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DLA PIPER LLP (US)

COOLEY GODWARD KRONISH LLP By: /s/ Gordon C. Atkinson Gordon C. Atkinson (122401) Attorneys For Defendant COMMAND AUDIO CORPORATION

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED THAT: Plaintiff's deadline for responding to Defendant's Motion to Dismiss (Dkt. No. 22) is changed from February 27, 2009 to March 8, 2009. IT IS FURTHER ORDERED that the hearing is continued from March 20, 2009 to April 3, 2009. February 27, 2009 Dated: ________________ ___________________________ Honorable Maxine N. Chesney United States Judge Northern District of California

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Stipulation and Order to Change Time for Plaintiff's Response to Defendant's Motion to Dismiss ­ 08-CV-03492 MMC